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Blocking Variation Application of Dekri Nisi

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asked on Jul 25, 2016 at 19:51
by   jeff005
This is a continuation from the following Thread.

https://www.lawyerment.com/answers/questions/11482/changes-variations-in-court-order-dipinda-agar?g=6#a33180

I shall explain in detail later as to why i decided to fight against my ex-wife who has made an application to the High Court to vary the T & C of the original Decri Nisi of which I was granted Joint Custody. Now she wants FULL CUSTODY by making baseless accusations and slandering.
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answered on Aug 4, 2016 at 16:21
by   vkpc
Once an Avenger, always an Avenger for life.

( but you cannot ask people to report to JIM or ask people to pay the bank )
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answered on Aug 4, 2016 at 18:49
by   jeff005
@ vkpc

Noted..
Understooded..
Not under my profile.. 555 555 555



In Thai culture
555 555 555= ha ha ha
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answered on Aug 4, 2016 at 21:00
by   jeff005
edited Aug 4, 2016 at 22:03
by   jeff005
@ vkpc
@ kiki

Have done my efile the submission

My submission is done with help from the both of u, without which I could not come out with such a fantastic submission.

My chances of setting it aside is almost 20% at start
After my Afidavit Jawapan, maybe 30%
After my Afidavit Lanjutan 1, maybe 40%
With this Submission, maybe 50%++

Do the both of you, want this submission to be published out on this forum. We 3, have equal copyrights to the contents of this submission. I have no qualms. It may help a lot of future spouses with Joint Custody of children who may find themselves in such a quandary, never mind whether be it father or mother.

What says U two..??
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answered on Aug 4, 2016 at 21:41
by   vkpc
Post it here.
Avengers is all about helping strangers.
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answered on Aug 5, 2016 at 03:15
by   jeff005
I came to know about it only mins ago from my son.

My ex stopped my son from joining any extra co-curriculum activities in school since last month.
Reason.. hard to find transport

1. This is unilateral decision. We both agreed to support all activities at start of school in Jan.
2. Intention to stop school activities (preparing to bring son overseas)???
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answered on Aug 5, 2016 at 22:52
by   jeff005
edited Aug 6, 2016 at 00:22
by   jeff005
My Submission

to be repost later....................
                   
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answered on Aug 6, 2016 at 02:50
by   jeff005
edited Aug 6, 2016 at 03:59
by   jeff005
My Submission

                     DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR
                                
                           DALAM WILAYAH PERSEKUTUAN, MALAYSIA
                                             
                                           (BAHAGIAN KELUARGA)
                                        
                                     GUAMAN NO. WA-24F

                                                             
                                                         BETWEEN
LIM
( No. K/P : xxxxxxxxxxxxx2)                                                 ... APPLICANT

                                                          AND

LEE
( No. K/P : xxxxxxxxxxxxx7 )                                                 ...  RESPONDENT

RESPONDENT’S  WRITTEN SUBMISSION

Documents Referred:
   a.  Saman Pemula  dated  10/05/2016 ( Originating Summons )
   b.  Afidavit Sokongan dated 22/04/2016  ( Supporting Affidavit )
   c.  Afidavit Jawapan dated 29/06/2016 ( Respondent’s Affidavit in Reply )
   d.  Afidavit Balasan dated 15/07/2016 ( Applicant’s reply to Respondent’s Affidavit in Reply )
   e.  Afidavit Lanjutan Responden 1 dated 01/08/2016  ( Respondent’s Extended Affidavit)
   f.   Afidavit Kelvin Lee dated 28/07/2016
   g.  Afidavit Cynde Lee dated 29/07/2016
   h.  Afidavit Vincent Lee dated 28/07/2016

Background

1.  The Applicant was the wife of the Respondent and they have a son, Alvin Lee.
2.  They were married in May 2005. In year 2012, the applicant filed for divorce.
3.  After much deliberations, a consent judgement was entered, whereby both parties agreed to share     custody of their child.  ( amongst other agreed terms )
4.  Now, after 4 years, the applicant has applied again to this Court to change the custody terms to       get full custody of the child for herself.

                                        Submission

5.  For this application, the applicant has listed down the reasons to vary the custody terms as follows :-

   i. She was threatened, coerced and under pressure on 2012 ( paragraph 10 )
  ii. The Decree Nisi of 2012 was not a “clean cut” divorce that she wanted
 iii. The terms in the Decree Nisi was one-sided ( paragraph 11 )
 iv. Respondent stalks her, is mentally unstable, impolite, aggressive, tries to get close to her and            involved in her life after divorce, is still obsessed with her  sends sexually suggestive messages to        her and watches pornography
  v. Respondent is unemployed and financially weak
  vi. Respondent acts unilaterally with regards to the son

Applicant felt threatened, coerced and under pressure on 2012

6. The applicant was the moving party who filed for divorce and was represented by her own lawyer in 2012.
 
7. This means that she was under the advisement of a professional lawyer at all times.

8. The respondent was unrepresented for the entire divorce proceedings.

9.  Under advice of her lawyer, she had personally attended and agreed to the all the terms of the Decree Nisi of 2012 in front of the honourable High Court Judge who entered the consent judgement.

10. In this application, the onus is on the applicant to show compelling proof that she was threatened, coerced or under undue pressure when consenting to the terms of the Decree Nisi.

11. The applicant has failed to show concrete proof of being threatened, coerced or under undue pressure.

12. The applicant also did not  appeal the 2012 Decree Nisi judgment.

The Decree Nisi of 2012 was not a “clean cut” divorce that she wanted

13. If the terms of the divorce was not agreeable to the applicant, why did she personally consent to it under advisement of her lawyer?  Applicant has nobody to blame but herself.

The terms in the Decree Nisi was one-sided

14. The terms of the 2012 Decree Nisi is as follows :-

  a. Applicant to pay for education of the child
  b. Applicant to pay for daycare services of the child
  c. Daily Living expenses of the son is taken care of by whoever has access to him on that day.
  d. Applicant to pay alimony of RM150/month to Respondent
  e. Both parties maintain a “shared custody” of the child.

15.  Terms a, b and c were proposed by the Applicant herself in the initial divorce Petition.

16.  Terms d and e were proposed by the Respondent and was accepted by the Applicant.

17.  So how can the terms of the Decree Nisi be said to be one-sided?

Respondent stalks her, is mentally unstable, impolite, aggressive, tries to get close to her and involved in her life after divorce, is still obsessed with her, sends sexually suggestive messages to her and watches pornography

              
18. The Respondent refers this Court to Exhibit RS01 attached to Afidavit Lanjutan Responden 1.

19. Exhibit RS01 is a photograph of the applicant together with the entire family of the respondent, celebrating the respondent’s chinese calendar birthday on 28/08/2015.

20. Applicant did not formally dispute/deny the existence of this RS01 photograph.

21. If the respondent is mentally unstable, impolite, aggressive, tries to get close to her and involved in her life after divorce, is still obsessed with her, sends sexually suggestive messages, watches pornography and stalks her, why is the applicant celebrating his birthday with him and family on 2015? Who is trying to get close to whom?

22. This RS01 exhibit clearly proves that all allegations of stalking, being mentally unstable, impolite, aggressive, tries to get close to her and involved in her life after divorce, is still obsessed with her, sends sexually suggestive messages and watching pornography are lies and half-truths concocted to give reason for this custody application.

Respondent is unemployed and financially weak

23. The Respondent currently works part time as a designer of Evaporation Systems for the cultivation of High Grade mushrooms for medical purposes.

24. Although it is not a high income job, it is more than sufficient for the continued joint-custody of the child.  This is proven in the last 4 years of joint-custody.

25. The future welfare of this son is further reinforced by the willingness of the Respondent’s adult children to help raise Alvin Lee.
Please refer to affidavits sworn by Kelvin Lee, Cynde Lee and Vincent Lee.

26. The applicant have not provided proof that the welfare of the son will be better with her alone.  

Applicant recently changed her religion

27. Applicant changed her religion from Buddhism to Islam in early 2016 due to her Iranian boyfriend, Mr Ah Kow
28. Applicant did not inform the Respondent nor this Court of her change of religion in her Originating Summons and Supporting Affidavit.

29. Applicant must have foreseen that a change in her religion may reduce her chances of getting full custody, and therefore did not mention this to the Court and hid this important information from the respondent.

30. Only when the respondent pressed about her religious status did she admit in her reply affidavit that she had already changed her religion earlier.  ( see paragraph 7 affidavit jawapan and paragraph 13 affidavit balasan )

31. This shows the level of honesty of the Applicant.

32. A child may feel stressed and under pressure if forced to stay in a house where the parents/adults are of a different religion.

33. It is more conducive for a child to stay in a home where the parents/adults are of the same religion for religious guidance.

34. Although there is freedom of religion in this country, a parent who changes his/her religion forfeits his/her rights to full custody, unless the child also changes his/her religion to the same.

35. It is shocking and appalling that the appellant tried to hide her change of religion in this custody application, putting the child’s religious welfare at risk.

Son may be taken to Iran if full custody is granted

36. The likelihood of my son will be taken to Iran is very high if the applicant is granted full custody.

37. The Applicant’s Iranian boy friend, Mr Ah Kow,  started work in Malaysia on 1st September 2011,  which means that he has to leave Malaysia anytime when his work permit expires and could not renewed. Please refer to Exhibit - LBK-B3.

38. The applicant have not provided proof that her Iranian boy friend’s work permit could be extended to continue employment in Malaysia. The limit for is 5 years in Malaysia (Immigration Rules & Regulations for Foreign Employment Contract renewal).

39. Furthermore, Mr Ah Kow has children in Iran.
What will happen to Alvin Lee if he is taken to Iran?

Stable and happy life of child may be disturbed and traumatised if full custody is granted

40. The son, Alvin Lee, is happy and comfortable with the current shared custody arrangement.

41.  A divorce is already a very traumatic experience for any child to bear.
If full custody to one side is granted, it will be even more unbearable for the child to be separated from his biological parent, half sister and half brothers, all which he has grown fond of and with good bonding.

42. The primary goal of this honourable Court  is to provide a stable environment and to allow the child to continue to receive love and guidance from both of his biological parents.

Summary

43. It is trite law that a Consent Judgement that was never appealed, cannot  be varied unless major changes or special circumstances has occurred.

44. Example major changes or special circumstances that are acceptable are perhaps one parent has become disabled or is jailed..

45.  In this instant application, the application has failed to show any major changes or special circumstances that is acceptable.

46.  After 11 years of bonding with the son, it would be draconian for this Court to take a son away from his father.

47. The child prefers to stay in a home where the parents/adults are of the same religion.

48. If a Consent Judgement can be varied easily at any time using only trivial reasons, then what is the point of having consent judgements?

49. The respondent has a legitimate expectation that the consent judgement of 2012 is conclusive and not be vexed and dragged again a second time to the Court for recycled and trivial reasons.

50. As such, the respondent prays that this application is rejected with cost of RM5,000.

………………………………….
LEE
( No. K/P :  xxxxxxxxxxxxxxx)
           Respondent

Hujahan bertulis ini difailkan oleh

LEE
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answered on Aug 7, 2016 at 14:32
by   notalawyer
Isn't this the most beautiful Submission you have ever read?
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answered on Aug 7, 2016 at 15:24
by   jeff005
edited Aug 7, 2016 at 15:26
by   jeff005
Hi notalawyer

Good morming
It is really a very strong Submission
I shall post the lawyer's reply by tonight.
Was very busy yesterday

Remember " Roy Ong "



Roy ask us about his credit card of RM357,000

Refer here :-

https://www.lawyerment.com/answers/questions/10142/credit-card

He passed away yesterday morning.
Complications of advanced diabetes and pneumonia suddenly.

Refer to his FB

https://www.facebook.com/roy.ong.37201

He has send me a birthday greeting on 5th Aug morning and passed away on 6th morning.
His son search me on FB and Whatapps and informed me about it.

We wanted to meet at many occasions at my hawker stall but later he could not make it subsequently. Then I went Thailand early this year.

He had several surgeries. Now only I know he had several toes amputated due to complications of advanced diabetes. He is 63 now.

"We", diabetics is fully aware of this "high risk" factor. I have seen many amputees at the Diabetes Klinik, but this my first real case happening to a friend.

I never manage to meet him face to face.
I went to his wake yesterday.
The funeral is tomorrow.

R.I.P. Roy Boy..
Omi-tofu
Amen
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answered on Aug 8, 2016 at 17:14
by   notalawyer
Jeff,

You need to practice your Oral Submission early before your hearing in front of the High Court judge on 18 Aug 2016.  If you don't practice, you will be slaughtered by your ex-wife's lawyer.

I suggest you practice your Oral Submission at Avengers HQ as soon as possible.
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